8 Learned Counsel for Defendant Nos.1 to 3 has offered to deposit the entire amount of Rs.2.96 crores mentioned in the deed of assignment annexed as Exhibit “F” to the plaint, which together with interest @ 9 % per annum works out to a little over Rs.5 crores. As noted above, Defendant Nos.1 to 3 have admitted payment of Rs.2.75 crores directly in favour of M/s Vijaya Bank, on behalf of the Defendants. There are three items of payment which are disputed. Whereas it is the case of the Plaintiff that over and above the sum of Rs.2.75 crores paid to M/s Vijaya Bank, the Plaintiff has paid a sum of Rs.21 lacs by way of banker's cheque into the account of Defendant No.1, as well as a sum of Rs.20 lacs by way of Demand Draft favouring Defendant No.1 and cash of Rs.10 lacs, all these three payments have been contested by Defendant Nos.1 to 3. The record of the case does indicate that a sum of Rs.21 lacs was received into the account of Defendant No.1 and has been expended inter alia towards the suit property. So also, admittedly, Demand Draft of Rs.20 lacs has been credited to the account of Defendant No.1. The alleged cash receipt of Rs.10 lacs is a matter of serious contest. The receipt relied upon by the Plaintiff in this behalf is claimed by Defendant Nos.1 to 3 to be a forged receipt. The fact of such payment will have to be established at the trial. If the amount of Rs.20 lacs is added to the amount of Rs.2.96 crores (i.e. Rs.2.75 crores plus Rs.21 lacs received into the account of Defendant No.1), referred to in the assignment deed, the total amount paid by the Plaintiff to the Defendants comes to Rs.3.16 crores, which, after interest is added, works out to about Rs.5.34 crores. Having regard to the facts of present case, interests of justice would be served adequately if the Defendants are directed to deposit a sum of Rs.5.25 crores in this Court. If this amount is deposited, no further relief is necessary to be granted to the Plaintiff.
